Madras High CourtWP(MD)/629/2020dismissed

K.Aandi v. The Assistant Executive Engineer

2020-01-28Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)NO.629 OF 2020 and W.M.P(MD)No.463 and 497 of 2020 K.Aandi :Petitioner .vs.

The Assistant Executive Engineer, Water Resources Organization/Public Works Department, Tirunelveli Kalvai Division, Palayamkottai.

: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the impugned auction notice dated 24.12.2019 issued by the respondent herein in his proceedings in Letter No.Ko.03/2019 regarding the fishery rights and quash the same as illegal and further to direct the respondent herein to extend the lease period for six months period more particularly in respect of Item No.2 namely, Kurippan Kulam, Keelmugam Village, Ambasamudram Taluk, Tirunelveli District.

For Petitioner :Mr.D.Nallathambi For Respondent :Mr.M.Murugan Govt.Advocate

O R D E R

This Writ Petition has been filed to quash the impugned auction notice, dated 24.12.2019 issued by the respondent herein in his proceedings in Letter No.Ko.03/2019 regarding the fishery rights and further to direct the respondent herein to extend the lease period for six months more particularly, in respect of Item No.2 namely, ''Kurippan Kulam'', Keelmugam Village, Ambasamudram Taluk, Tirunelveli District.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is stated that the date of subject-matter auction was fixed on 9.1.2020. As there was no bidders on 9.1.2020, it was renotified on 10.1.2020 and the auction date was fixed on 27.1.2020. Admittedly, the Petitioner has taken part in the said auction. However, he could not be a successful bidder. 4.The learned Government Advocate appearing for the respondent, upon instructions, states that one Mr.Manila Suyatchi was the successful bidder and he has been given the lease of the fishery rights.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

5.As already the auction is confirmed with respect to the Petition mentioned Kurippan Kulam, Keelmugam Village, Ambasamudram Taluk, Tirunelveli District, the Writ Petition automatically becomes infructuous and hence, no further order is required in this Writ Petition.

6.Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To The Assistant Executive Engineer, Water Resources Organization/Public Works Department, Tirunelveli Kalvai Division, Palayamkottai.

+1 CC to M/s.SPL.GP ( SR-3668[F] dated 29/01/2020 ) +1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-3547[F] dated 29/01/2020 ) 0RDER MADE IN W.P(MD)NO.629 OF 2020 and W.M.P(MD)No.463 and 497 of 2020 28.01.2020 SMA/10/02/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2